Grazette v. Rockefeller

Background

The court had previously ordered Plaintiff David I. Grazette to pay the $400 fees required to bring a civil action or submit an amended application to proceed without prepaying fees and costs. Grazette then requested an additional 30 days to pay, stating that his application had been denied and that he needed more time.

Court’s clarification

The court explained that its earlier order had not denied Grazette’s fee-waiver application. Rather, the application did not answer questions about his monthly expenses, dependents, debts, and other financial obligations. Because the application did not provide enough information, the court could not determine whether Grazette was unable to pay the filing fees.

Ruling and effect

The court granted Grazette’s request for a 30-day extension. Within 30 days of the order, he had to either pay the $400 fees or submit an amended application. The amended application had to answer each question on the form and provide facts explaining how he supported himself and why he could not pay the fees. It also had to identify docket number 20-CV-0965 (CM).

The Clerk was directed to send the order to Grazette and record service on the docket. No summons would issue at that time. The court stated that it would proceed with the case if Grazette complied and would dismiss the action if he did not comply within the allowed time. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.